Confederation Of Central Government Employees & Workers

Monday, June 18, 2018

Extension of 7th Central Pay Commission in the cases of Pensioners of Pre-2016 of the (AYUSH) Research Councils - reg.

Holding of meeting of the NJCA :: 3rd July 2018

RESERVATION FOR CANDIDATES FROM OTHER BACKWARD CLASSES - REVISION OF INCOME CRITERIA AND DETERMINING EQUIVALENCE OF POSTS IN CENTRAL PUBLIC SECTOR ENTERPRISES (CPSES), PUBLIC SECTOR BANKS, PUBLIC FINANCIAL INSTITUTIONS, ETC. WITH POSTS IN GOVERNMENT FOR ESTABLISHING CREAMY LAYER CRITERIA – REGARDING

F. No. 36033/2/2018-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment (Reservation-I) Section

North Block, New Delhi Dated June 8, 2018

The Chief Secretaries of all States / Union Territories

Subject:- Reservation for candidates from Other Backward Classes - Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding

Madam/ Sir,

I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 which, inter-alia provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the ‘creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes.

2. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.

3. This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:

i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;

ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and

iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.

4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.

Yours faithfully,

Sd/-

(Raju Saraswat)

Under Secretary to the Government of India

Telefax - 23092110

Copy to:

1. All the Ministries/Departments of the Government of India

2. Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi

3. Department of Public Enterprises, CGO Complex, Lodi Road, New Delhi.

4. Department of Financial Services, Jeevan Deep Building, Parliament Street, New Delhi

5. National Commission for Backward Classes, Trikoot-1, Bhikaji Cama Place, R. K. Puram, New Delhi

6. Hindi Section for providing a translation

7. Guard File

RESERVATION IN PROMOTION CASE STATUS AFTER SUPREME COURT INTERIM ORDER (DOPT ORDER)

F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated June 15, 2018

OFFICE MEMORANDUM

Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding

The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M. Nagraj and others vs. Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.

2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:

“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits

3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017, the Hon’ble Supreme Court held as under on 05.06.2018:

“Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”

4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists.

5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.

7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.

(G. Srinivasan)
Deputy Secretary to the Government of India

Circular No.CHQ/02/2018 Dt.11-06-2018

Dear Comrades,

Historic 16 days GDS All India Strike

Red salute & Revolutionary greetings to all

United we stand .. divided we fall ….

The AIPEU-GDS CHQ convey its sincere thanks to all GDS comrades for their support, cooperation, encouragement during the period of 16 days indefinite strike from 22^nd May to 06^th June 2018.

The strike is a historical and heroic-one in the history of Postal Trade Union movement in India. This is the strike against ‘discrimination shown by the Department & Government’, ‘anti-worker policy of the Govt’. and for ‘self-respect’ of GDS all over the country. This is only a first step and there are miles to go for the cause of GDS and our goal is 'civil servant status to GDS',

The decision taken by our CHQ in consultation with NFPE leadership to serve strike notice is quite right as it was discussed elaborately in our 3^rd AIC, Allahabad and decided to go on indefinite strike during May 2018. The BEDEU served strike notice and went on strike from 14^th May. The AIGDSU & NUGDS served strike notice on 03^rd May to commence their indefinite strike from 22^nd May. Even though our union is not consulted on the strike issue, to oppose the policy of the Govt and regarding GDS for immediate implementation of Kamalesh Chandra Committee Report and also to maintain total unity amongst GDS cadre, it is decided to serve notice by our Union for indefinite strike from 22^nd May itself. BEDEU expressed their inability to share our platform. Our stand during negotiations and subsequent decisions was that unity should be maintained and our Union should not withdraw from the strike unless and until all other GDS unions also decided for withdrawal of strike. The initiative taken by our leadership in making personal contacts with other GDS Unions and timely decisions resulted in building up total unity of 3 lakhs GDS and maintaining it throughout the strike, till end.

The GDS CHQ express its sincere thanks to NFPE CHQ, NFPE & FNPO leadership for extending full support and solidarity by giving call for nationwide wearing of black-badge, demonstration, dharna, and relay hunger fast. CHQ appreciates the decision of the P4 CHQ to serve strike notice in support of GDS strike from 23^rd May and it is continued till the GDS strike end.

Red salute to the decision of C-o-C, Kerala Circle during their joint Circle conference and all NFPE & FNPO departmental unions participated in the indefinite strike from 22^nd to 31^st May (10 days) along with GDS strike. In Andhra Pradesh, Postal JCA (NFPE & FNPO) departmental unions participated in the GDS strike for 4 days. In Tamil Nadu all NFPE departmental unions participated for 4 days. In West Bengal all NFPE departmental unions continued for 4 days in the strike. In Telangana P3 & P4 unions participated for 4 days. In remaining circles, all departmental unions of Postal Federations totally extended their cooperation, support and solidarity to striking GDS during 16 days of strike.

The GDS indefinite strike in the country attracted the attention of World Federation of Trade Unions (WFTU). The Central Trade Unions viz., CITU, AITUC, INTUC extended their solidarity and wrote to Govt. The fraternal organizations viz., Confederation of Central Govt Employees & Workers, AIPRPA (Postal & RMS Pensioners Association), NFPE, FNPO, IP/ASP Associations etc., extended their solidarity and support to the indefinite strike. There was full support from general public, print and electronic media. Com. Sitaram Yechury, General Secretary, CPI(M), Com. Pinarayi Vijayan Chief Minister, Kerala and many other political leaders and people’s representatives wrote letters to Prime Minister of India demanding immediate settlement of GDS strike and implementing Kamalesh Chandra Committee Report.

Various types of agitational programmes conducted during the 16 days viz., rallies, demonstrations, public meetings with participation of distinguished public representatives, submission of memorandums at various levels of Govt & administrations by our GDS in all Circles.

It is very much regret to mention here that this strike caused the lives of about 8 GDS comrades all over India. CHQ convey its deep grief on their demise and condolences to their family members.

The 16 days strike caused total disruption of rural postal services due to closing of 1.29 lakh Branch Post Offices and paralyzed the rural postal system in all the Circles. From the beginning to end the GDS are determined to continue the indefinite strike till the demand is resolved. The frustration prevailed among the GDS due to discrimination and delay lead to an emotional situation leading to total strike for 16 days. The Union leaders were cautioned by the cadres not to withdraw the strike and messages floated in SMS & What’sapp.

From 18^th May to 5^th June, many rounds of discussion took place in formal and informal meetings with the Officers of the Department besides two days reconciliation meeting with Regional Labour Commissioner (Central), New Delhi with four strike participant GDS Unions resulted in vain. Every time, the Department appealed for calling off the strike without any written assurance/agreement on our demand. All GDS unions taken a firm stand unitedly to continue the strike till an honourable settlement is reached.

The positive response in favour of GDS from public, political parties & leaders, MPs, MLAs, MLCs and many other public representatives, Trade Unions compelled the Govt and Department to change their stand. Thus major recommendations of Kamalesh Chandra Committee on wage increase approved in the Cabinet meeting held on 6^th June 2018. Though other recommendations are still pending, as the major demand is approved all the GDS unions unanimously decided to call off the indefinite strike on 16^th day i.e., 06^th June. Comrades, we should be very vigilant that any major deviations from the recommendations of Kamalesh Chandra Committee, our union along with other GDS Unions and with the support of Federations will start agitation programmes, if necessary.

AIPEU-GDS CENTRAL WORKING COMMITTEE MEETING:: 04^TH SEPTEMBER 2018

It is notified by CHQ that the Central Working Committee meeting of AIPEU-GDS will be held on 04^th September 2018 in New Delhi. Notice and agenda will be circulated soon. CWC will review the entire situation after the strike and organizational issues would also be discussed and suitable decisions will be taken.

ONE DAY STRIKE OF CENTRAL GOVT EMPLOYEES AND WORKERS ON 15 NOV,2018

The National Convention of Central Govt employees held on 10^th June 2018 in Hyderabad unanimously decided to conduct one day strike on 15^th November 2018. “grant of Civil servant status for GDS” has been included as an important demand in 10 point charter of demands. As an affiliate of Confederation, AIPEU-GDS members also should participate in all the programmes including one day strike called by the Confederation of Central Govt employees and workers. State Govt employees of all the States will also participate in the strike on 15^th Nov 2018. Another Circular will be issued in detail.

On 5^th September 2018 Confederation, NFPE and many other class and mass organizatgions are going to conduct massive rally in New Delhi. As an affiliate of Confederation and NFPE, the GDS members of AIPEU-GDS have to participate in the programme. All the Circle Secretaries and CHQ office bearers nearby Delhi are requested to mobilize the GDS members for 5^thSeptember programme and make it a grand success.

Financial Position of CHQ:

It is well aware to all the members that AIPEU-GDS is well established in almost all divisions in all circles during the last 6 years period. We have participated in the recent membership verification (Sep-2017) and got more percentage of membership for recognition. It is stopped abruptly by the department and re-verification is yet to be ordered. To run our organization much more effectively at CHQ level, it needs financial support from the members. It is requested that during drawal of arrears of GDS Pay Committee, every member shall donate minimum Rs.100 (maximum amount may be remitted as per your capacity) to CHQ through the divisional / Circle Unions to fulfill the utmost needs of CHQ. All Branch / Divisional / Circle Secretaries are requested to approach the members for their generous financial contributions to our Union ensure the support to CHQ positively.

Address of the CHQ:

General Secretary,

AIPEU-GDS

Dada Ghosh Bhawan

2151/1, New Patel Road

New Dehil – 110 008

…..

Remittance will be made by MO to the above address & with full address of remitter.

With fraternal greetings,

P.Pandurangarao

General Secretary

AIPEU-GDS